Welp. Not surprising in the least — Hinderaker simply ignores… the actual SCOTUS’s prior decisions. See, Humphrey’s Executor v. US, 295 US 602 (1935).

Sure, the Supremes can, and (to come out the way John wildly hopes, tonight) — must — expressly overrule Humphrey’s Executor — a case decided on precisely these same facts, and same agency, even (the FTC)… from 1935.

But they will have to explain why this has been considered settled law for 90 years — yet was suddenly, this term, labeled as “wrong” — and yet they never bothered to over-rule it, in nine-tenths of the last century’s time. [They also should explain why they’ve implicitly followed it — all those decades — in no less than fifteen other cases, at the lower courts’ levels.]

My bet?

There simply aren’t five votes to toss Humphrey’s Executor [even though this has long been Justice Roberts’ own pet peeve, for decades on end].

The argument — to and fro, was just that — argument. For show (to mollify MAGAts, that Roberts is one of them), not substance — the actual work of crafting binding legal opinions, in important cases (on separation of powers).

The money bets say FTC remains an independent agency, as does FDA and IRS and SEC and of course, the Federal Reserve.

Do stay tuned — but laugh with me, at John’s wide incompetence on matters of law.

He truly is… senile. And that is… sad.

O U T.